Domestic violence is an incredibly serious accusation in Georgia, as this is not only a criminal offense but an allegation that can destroy your life. Those accused and convicted of this crime may find difficulty obtaining employment, lose friends and family, and have trouble finding romantic partners. As such, if you are facing a domestic violence charge, this blog explores what you should know about this offense, the penalties you can face, and what defenses you may be able to utilize with the assistance of a Cobb County violent crimes lawyer.
What Constitutes a Domestic Violence Offense in Georgia?
In general, domestic violence occurs any time someone commits any form of battery, assault, trespass, stalking, or criminal damage to property against a member of your household. These individuals include past or present spouses, people who share a child, parents, children, or anyone who lives in the same home.
It’s important to understand that Georgia law specifically states that family violence does not include reasonable disciplinary actions administered from a parent to a child, such as spanking.
Typically, a domestic violence offense is charged as either assault or battery, which are misdemeanor offenses, warranting up to one year in prison and a fine of up to $500. However, if you are charged with aggravated battery or assault, you must know these are both felony offenses carrying between three and twenty years in prison.
You should also note that violation of a family violence protective order is a criminal offense that can result in a misdemeanor charge and up to one year in prison.
Are There Any Potential Defenses for a Domestic Violence Charge?
A domestic violence offense can be incredibly challenging to defend, as these are often “he said, she said” situations. As such, the most important thing you can do is connect with an experienced criminal defense attorney to help you explore your legal options. They can examine your circumstances to help you build a defense.
One of the most common defenses is that you were actually acting in self-defense. If you can prove that the other party was the aggressor in the situation, such as providing apologetic text messages or prior police reports in which the alleged victim became aggressive, you may be able to avoid charges.
You may also be able to defend yourself by showing the court that the alleged victim has a reason to lie about this crime. Unfortunately, because domestic violence is a heinous crime, some fabricate these instances to enact revenge on another person. This party may want to inhibit your ability to get a job, prevent you from getting custody of a child, or simply get revenge for a perceived wrong. As such, obtaining as much evidence as possible while showcasing a clear motive may help clear your name.
If you are facing this crime, it is critical to work with an experienced attorney at Miller Law Practice, PLLC. Our team understands how overwhelming these charges can be, which is why it’s in your best interest to connect with our dedicated firm. We can examine your circumstances to help you explore all your options so you can make the most informed decisions for your case. Contact us today to learn how we will fight for you.
